Mtuba mayhem

Police escort Municipal Manager from offices

The dispute between the Mayor and Municipal Manager of Mtubatuba reached boiling point on Tuesday, when the latter was locked out of his office and threatened with police action. Dr Ntombela’s attorney, Mr MS Gwagwa, said Dr Ntombela was locked out when he left briefly on an errand. ‘My client came back to find his office locked and then used his Secretary’s office to proceed with his work. ‘However, police officers arrived and informed him they were instructed by the Mayor, Cllr CG Swartz, to escort him from the premises. ‘If he refuses to go’, they said, ‘he will be charged with trespassing.’

‘Vague and embarrasing’
Gwagwa informed his client that the lock-out was illegal. ‘When he arrived on Wednesday, he was locked out and it is physically impossible for him to resume his duties.’ Gwagwa, who branded the new charges against Dr Ntombela as ‘vague and embarrassing’, said his client received a new Notice of Suspension on Monday, signed by Cllr Swartz. It informed that his submissions against a second suspension had been considered, but that he was suspended with full pay until the conclusion of his disciplinary enquiry. The official correspondence states the effective date as Monday 12 July 2010, but omits any resolution date passed by Council.

‘Witness interference’
The Mayor states Ntombela’s presence in the workplace interferes with witnesses and workplace stability. ‘We are of the view that your continued presence may result in the intimidation of witnesses and tampering with evidence,’ he said. Dr Ntombela volunteered to take a lie detector test and requested his accusers to do the same, but the offer was not taken up. Meanwhile, Gwagwa said the flaws in the process and the treatment of his client ‘are a disgrace’. ‘The charges are fabricated, spurious and intended to discredit his dignity. ‘The Council and the Mayor have abused their positions of power without following the correct legal procedure and the mandate by their Principal to find an amicable solution. ‘The taxpayers’ money will be utilised for these legal disputes. ‘The Local Government Municipal Act was not followed. ‘He was suspended without a proper council resolution and in contravention of the court order which re-instated him to his position. ‘The police had no warrant and brought no charges against my client. ‘He was treated like a common criminal and threatened to leave government property, where he had every right to be. ‘The situation has taken a turn for the worse, but my client is incredibly brave and will continue to fight for his name to be cleared of all wrongdoing.’

History
Dr Ntombela was re-instated by Labour Court in June, but days after resuming his duties, Council passed the second motion for re-suspension. He was given 24 hours to respond, but his representation was rejected. Ntombela was first placed on paid suspension in April this year, on charges of alleged non-compliance with municipal performance regulations. Gwagwa said the municipality presented a settlement following Ntombela’s last representation, but the offer was rejected. Gwagwa said his client will approach the court for relief. The Zululand Observer attempted to get comment from the Mayor and the Speaker. While the Speaker said he did not have a mandate to speak about the Ntombela matter, the Mayor was unavailable for comment at the time of going to print.